Satish Chandra, J. - (1.) ON 18th November, 1971 the State Govt. published a notification Under Section 3(1)(a) of the U.P. Municipalities Act, 1916, constituting the Town Area, Chhibra Mau, as a Nagarpalika: Municipality with effect from 22nd November, 1971. The boundaries of the municipality were confined to the boundaries of the pre -existing town area. The DM threatened to take over the affairs of the Board. The town area, its Chairman and one of its elected members came to this Court and challenged this notification and prayed for a direction to the DM, (the Appellant No. 3) not to oust or interfere with the elected members and the Chairman from functioning. A learned single Judge of this Court accepted this plea and issued the requisite directions. Hence this appeal.
(2.) THE learned Advocate -General Appearing for the Appellants urged that Section 333 of the Municipalities Act applies. The DM alone was competent to function as the Board. The learned Single Judge was in error in holding that Clause (viii) of Section 333 -A applied to the case. Section 3 of the Municipalities Act provides for declaration and definition of municipalities and cities. Section 4 lays down the procedure preliminary to the notification. Under Section 3(1)(a) the State Govt. may by notification declare any local area to be a municipality. Section 6 of the Act provides that in every municipality there shall be a municipal board which will be a body corporate. Section 333 runs as follows: * * * * S. 333 -A states: * * * *
(3.) SECTION 333 provides for the administration of the affairs of the newly created board in the period commencing from the creation of the municipality and the establishment of elected board. During this period of interregnum, the DM or his nominee is to function as the board. This is a transitory provision. It fills the vacuum where there is no existing functionary or local body in the newly created municipality. The question is if it applies to cases where existing local bodies are transformed into municipalities?;